s7 Fighting in public place
Every person is liable to a fine not exceeding $1,000 who fights in a public place.

2 Interpretation
Public place means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; ...

As a member of the public, have you ever tried to walk into the Lobbies while Parliament is sitting? I don't think so!

4 comments:

In Caithness v Police (1986) 2 CRNZ 201, Jeffries J held that the banquet hall of Parliament was a public place for purposes of the act even when it was being used for a function with invitations being checked at the door.

Not a very good decision, in my view. But I think it is still the law.

Yes. I noted that in the Adams commentary. However, it probably doesn't apply. The banquet hall, with invited guests, is different to the Lobbies. Only MPs in their parliamentary duties and other employees are permitted into the Lobbies. Quite simply there's no public element.

Course Outline

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"

This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.